SB660: Bill Text

SB660,12,15 101.123 (1) (ac) 2. A juvenile detention facility, as defined in s. 938.02 (10r), a secured residential care center for children and youth, or a juvenile correctional facility, as defined in s. 938.02 (10p), except a juvenile correctional facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5) if the facility is a private residence in which the juvenile is placed and no one is employed there to ensure that the juvenile remains in custody.

SB660,25 Section 25 . 101.123 (1) (gm) of the statutes is created to read:

SB660,12,18 101.123 (1) (gm) “Secured residential care center for children and youth” has the meaning given in s. 938.02 (15g).

SB660,26 Section 26. 101.123 (2) (d) 3. of the statutes is amended to read:

SB660,12,21 101.123 (2) (d) 3. Anywhere on the grounds of a Type 1 juvenile correctional facility or secured residential care center for children and youth.

SB660,27 Section 27. 108.227 (1) (e) 2. of the statutes is amended to read:

SB660,13,2 108.227 (1) (e) 2. A license issued by the department of children and families under s. 48.66 (1) (a) to a child welfare agency, secured residential care center for children and youth, group home, shelter care facility, or child care center, as required by s. 48.60, 48.605, 48.625, 48.65, or 938.22 (7).

SB660,28 Section 28. 115.76 (10) of the statutes is amended to read:

SB660,13,11 115.76 (10) “Local educational agency", except as otherwise provided, means the school district in which the child with a disability resides, the department of health services if the child with a disability resides in an institution or facility operated by the department of health services, the county department under s. 46.215, 46.22, or 46.23 if the child with a disability resides in a secured residential care center for children and youth, as defined in s. 938.02 (15g), or the department of corrections if the child with a disability resides in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), or a Type 1 prison, as defined in s. 301.01 (5).

SB660,29 Section 29. 938.02 (15g) of the statutes is amended to read:

SB660,13,16 938.02 (15g) “Secured residential care center for children and youth" means a residential care center for children and youth operated by a child welfare agency that is licensed under s. 48.66 (1) (b) (a) to hold in secure custody persons adjudged delinquent.

SB660,30 Section 30 . 938.22 (1) (a) of the statutes is amended to read:

SB660,14,3 938.22 (1) (a) Subject to s. 48.66 (1) (b), the The county board of supervisors of a county may establish a juvenile detention facility in accordance with ss. 301.36 and 301.37 or the county boards of supervisors for 2 or more counties may jointly establish a juvenile detention facility in accordance with ss. 46.20, 301.36, and 301.37. The county board of supervisors of a county may establish a shelter care facility in accordance with ss. 48.576 and 48.578 or the county boards of supervisors for 2 or more counties may jointly establish a shelter care facility in accordance with ss. 46.20, 48.576, and 48.578. A private entity may establish a juvenile detention facility in accordance with ss. 301.36 and 301.37 and contract with one or more county boards of supervisors under s. 938.222 to hold juveniles in the private juvenile detention facility.

SB660,31 Section 31. 938.221 of the statutes is created to read:

SB660,14,10 938.221 Secured residential care centers for children and youth. (1) (a) On an ongoing basis, a county board of supervisors in a county with a population of 750,000 or more shall determine the necessary number of secured residential care centers for children and youth in the county to accommodate all juveniles adjudicated delinquent in the county and placed in a correctional placement under s. 938.34 (4m).

SB660,14,14 (b) A county board of supervisors in a county with a population of 750,000 or more shall establish and operate or shall contract with a child welfare agency to establish and operate one or more secured residential care centers for children and youth to accommodate the need determined under par. (a).

SB660,14,17 (2) A county board of supervisors in a county with a population of less than 750,000 may establish and operate or may contract with a child welfare agency to establish and operate a secured residential care center for children and youth.

SB660,32 Section 32. 938.33 (3r) of the statutes is amended to read:

SB660,15,3 938.33 (3r) Serious juvenile offender report. If a juvenile has been adjudicated delinquent for committing a violation for which the juvenile may be placed in the serious juvenile offender program under s. 938.34 (4h) (a), the report shall be in writing and, in addition to the information specified in sub. (1) and in sub. (3) or (4), if applicable, shall include an analysis of the juvenile's suitability for placement in the serious juvenile offender program under s. 938.34 (4h) or in a juvenile correctional facility or secured residential care center for children and youth under s. 938.34 (4m), a placement specified in s. 938.34 (3), or placement in the juvenile's home with supervision and community-based programming and a recommendation as to the type of placement for which the juvenile is best suited.

SB660,33 Section 33 . 938.34 (4d) (b) of the statutes is amended to read:

SB660,15,12 938.34 (4d) (b) The juvenile has been found to be a danger to the public and to be in need of restrictive custodial treatment. If the court determines that any of the conditions specified in sub. (4m) (b) 1., 2., or 3. applies, but that placement in the serious juvenile offender program under sub. (4h) or in a juvenile correctional facility or secured residential care center for children and youth under sub. (4m) would not be appropriate, that determination shall be prima facie evidence that the juvenile is a danger to the public and in need of restrictive custodial treatment under this subsection.

SB660,34 Section 34. 938.34 (4m) (intro.) of the statutes is amended to read:

SB660,15,17 938.34 (4m) Correctional placement. (intro.) Place the juvenile in a juvenile correctional facility under the supervision of the department of corrections or a secured residential care center for children and youth under the supervision of the county department or the department of corrections if all of the following apply:

SB660,35 Section 35. 938.357 (4) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB660,16,12 938.357 (4) (a) When the juvenile is placed with the department of corrections, that department may, after an examination under s. 938.50, place the juvenile in a juvenile correctional facility or a secured residential care center for children and youth or on community supervision or aftercare supervision, either immediately or after a period of placement in a juvenile correctional facility or a secured residential care center for children and youth. The department of corrections shall send written notice of the change in placement to the parent, guardian, legal custodian, county department designated under s. 938.34 (4n), if any, and committing court. If the department of corrections places a juvenile in a Type 2 juvenile correctional facility or secured residential care center for children and youth operated by a child welfare agency, that or county department, the department of corrections shall reimburse the child welfare agency or county department at the rate established under s. 49.343 that is applicable to the type of placement that the child welfare agency is providing for the juvenile. A juvenile who is placed in a Type 2 juvenile correctional facility or a secured residential care center for children and youth under this paragraph remains under the supervision of the department of corrections, remains subject to the rules and discipline of that department, and is considered to be in custody, as defined in s. 946.42 (1) (a).

SB660,36 Section 36. 938.357 (4) (b) 1. of the statutes is amended to read:

SB660,16,24 938.357 (4) (b) 1. If a juvenile whom the department of corrections has placed in a Type 2 juvenile correctional facility operated by a child welfare agency violates a condition of his or her placement in the Type 2 juvenile correctional facility, the child welfare agency operating the Type 2 juvenile correctional facility shall notify the department of corrections and that department, after consulting with the child welfare agency, may place the juvenile in a Type 1 juvenile correctional facility or secured residential care center for children and youth under the supervision of the department of corrections, without a hearing under sub. (1) (am) 2. If a juvenile is placed in a secured residential care center for children and youth under this subdivision, the department of corrections shall reimburse the secured residential care center for children and youth at the applicable rate established under s. 49.343.

SB660,37 Section 37. 938.357 (4) (b) 2. of the statutes is renumbered 938.357 (4) (b) 2. (intro.) and amended to read:

SB660,17,7 938.357 (4) (b) 2. (intro.) If a juvenile whom the court has placed in a Type 2 residential care center for children and youth under s. 938.34 (4d) violates a condition of his or her placement in the Type 2 residential care center for children and youth, the child welfare agency operating the Type 2 residential care center for children and youth shall notify take one of the following actions:

SB660,17,13 a. Notify the county department that has supervision over the juvenile and, if the county department agrees to a change in placement under this subdivision, the child welfare agency shall notify the department of corrections, and that department, after consulting with the child welfare agency, may place the juvenile in a Type 1 juvenile correctional facility under the supervision of the department of corrections, without a hearing under sub. (1) (am) 2., for not more than 10 days.

SB660,17,24 3. If a juvenile is placed in a Type 1 juvenile correctional facility under this subdivision subd. 2. a., the county department that has supervision over the juvenile shall reimburse the child welfare agency operating the Type 2 residential care center for children and youth in which the juvenile was placed at the rate established under s. 49.343, and that child welfare agency shall reimburse the department of corrections at the rate specified in s. 301.26 (4) (d) 2. or 3., whichever is applicable, for the cost of the juvenile's care while placed in a Type 1 juvenile correctional facility. If a juvenile is placed under subd. 2. b. in a secured residential care center for children and youth, the county department that has supervision over the juvenile shall reimburse the secured residential care center for children and youth at the applicable rates established under s. 49.343.

SB660,38 Section 38 . 938.357 (4) (b) 2. b. of the statutes is created to read:

SB660,18,3 938.357 (4) (b) 2. b. Place the juvenile in a secured residential care center for children and youth without a hearing under sub. (1) (am) 2. for not more than 10 days.

SB660,39 Section 39 . 938.505 (1) of the statutes is amended to read:

SB660,18,14 938.505 (1) Rights and duties of department of corrections or county department. When a juvenile is placed under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) or (5) (e) or under the supervision of a county department under s. 938.34 (4m) or (4n), the department of corrections or county department, whichever has supervision over the juvenile, shall have the right and duty to protect, train, discipline, treat, and confine the juvenile and to provide food, shelter, legal services, education, and ordinary medical and dental care for the juvenile, subject to the rights, duties, and responsibilities of the guardian of the juvenile and subject to any residual parental rights and responsibilities and the provisions of any court order.

SB660,40 Section 40 . 938.539 (3) of the statutes is amended to read:

SB660,19,2 938.539 (3) Violation of condition of placement. Notwithstanding ss. 938.19 to 938.21, if a juvenile placed in a Type 2 residential care center for children and youth under s. 938.34 (4d) or 938.357 (4) (c) or in a Type 2 juvenile correctional facility under s. 938.357 (4) (a) or (c) violates a condition of his or her placement in the center or facility, the juvenile may be placed in a Type 1 juvenile correctional facility or secured residential care center for children and youth as provided in s. 938.357 (4) (b). This subsection does not preclude a juvenile who has violated a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth from being taken into and held in custody under ss. 938.19 to 938.21.

SB660,19,3 (End)